The NBA-YLF Continuing Legal Education (CLE) Committee is pleased to bring to the attention of members a recent and significant decision of the Supreme Court in Emma Elegbe & Anor v. HP International School Ltd & Ors (SC/CV/899/2025), which provides much-needed clarity on the jurisdiction of the National Industrial Court of Nigeria (NICN) over tortious claims.
In this unanimous decision, the Supreme Court resolved longstanding conflicting authorities and held, among other key points, that tortious claims such as defamation do not fall within the scope of labour and employment matters under Section 254C of the Constitution, except where such claims are ancillary to and inseparably linked with a substantive employment dispute. The Court further emphasized that the nature of the claim—not merely the employment relationship determines jurisdiction.
This decision is of great importance to legal practitioners, particularly those involved in employment and civil litigation, as it provides clearer guidance on forum selection and jurisdictional boundaries.
Members of the NBA-YLF are encouraged to download and study the full judgment to gain deeper insight into the Court’s reasoning and its practical implications for legal practice.
[Click below to download the full judgment]
Stay informed. Stay ahead.
NBA-YLF CLE Committee
